Introduction to Legal Writing — Chapter 11

There are two types of correspondence with clients: transmittal letters and client opinion letters

Transmittal Letters

• the cover letter used when forwarding a document or other information to the client or 3rd party

• it explains what is being transmitted, instruct for any further action to be taken, and any other related matters

• it also documents that the information attached to the letter was sent to the client

• forwarding this information from them to another source

• purpose is to explain the Information and give direction to the client as to what to do with the info

• Style of Transmittal Letter/Email: Use Plain English, Be precise, Use paragraphs, State the purpose of the letter early on, Proofread, Review the enclosures

Client Opinion Letters

• The client will ask an attorney a question that may require an attorney to do some research. after that research, the attorney may give the client the answer orally or in writing

• this letter either reiterates what the attorney said in the conversation or responds in a written format to their client.

• can refer back to it

  • Remind you what you said

  • Remind your client what you said

  • When your client says you said something else, you have proof of what you really said

• may not write one if the opinion is confidential

• a good client opinion letter does just have the opinion, but the facts on which it’s based.

• A client opinion letter is not persuasive!

• Format: Heading, Opening, Facts, Answer, Explanation, Closing

  • contains: The answer, The facts, An explanation of the law, Application of the law to the facts.

What to Do in a Letter

1. Use plain English.

2. Be precise and specific.

3. Write at a level of formality appropriate for the recipient.

4. Maintain the same level of formality throughout the letter.

5. Keep your sentences fairly short.

6. Break up each page of the text with paragraphs.

7. State the purpose of the letter early in the letter.

8. Proofread.

9. Double-check that enclosures are included.

10. Note any special transmittal method other than regular mail.

Email Correspondence

• Familiarity with email correspondence in an informal setting may not have adequately prepared you for using it appropriately in the professional setting.

• An email is similar to a letter in that it is written and can be referenced later.

• One should keep in mind that the information contained in the email may be confidential in nature and that the sender may not have the recipient’s correct and current email address.

• It is customary in law practice to include a confidentiality warning at the bottom of the email message stating that the message is only for the intended recipient and should not be considered a communication with others.

• Another way to protect confidential information is to encrypt it.

• Even though a confidentiality warning or encrypting information may protect the sender in some circumstances, there is a risk of sending confidential information via email.

• The speed within which one can reply to an email message can be a disadvantage.

• If the email recipient has an emotional reaction to an email message, the natural response may be to reply in kind.

• Reread and proofread an email message before sending it!